March-In Rights - Implications From The COVID Pandemic

I. Introduction

Created as part of the Bayh-Dole Act of 1980 (Pub. L. 96-517), "march-in rights" were created as a way to balance the need of small and non-profit entities to obtain government financing with the public's right to access certain innovation resulting from government funds. In particular, march-in rights were created, at least in part, to further Congress's goal "to ensure that the Government obtains sufficient rights in federally supported inventions to meet the needs of the Government and protect the public against nonuse or unreasonable use of inventions." 35 U.S.C. § 200. Accordingly, under the provisions of 35 U.S.C. § 203, agencies of the federal government are empowered to require entities that receive federal funding to provide licenses in certain circumstances.